MADISON PLANNING BOARD
Minutes
August 5, 2009
Public Hearing & Regular Meeting
Members Present: Mark Brown, Mike Brooks – Selectman, Jay Buckley, Noreen Downs, Phil LaRoche, Mary Meier, Karl Nordlund, and Marc Ohlson-Chair.
Members Not Present:
Others Present: Bob Babine – Code Enforcement Officer, Neil Underwood, Linda & Noel Smith
Meeting Agenda Posted: 7/29/09 at Madison Town Hall, Madison Post Office, and Silver Lake Post Office
1. CALL TO ORDER: Mr. Ohlson called the Meeting to order at 7:02 P.M.
2. APPOINTMENT OF ALTERNATES: The Planning Board has an elected position open; an alternate cannot be raised to a vacant position.
3. APPROVAL OF AGENDA: Mr. Buckley moved, seconded by Mr. Nordlund, to approve the agenda as presented. Motion passed.
4. APPROVAL OF MINUTES: Mrs. Meier moved, seconded by Mr. Nordlund to approve the minutes of the 7/1/09 regular meeting as corrected. Motion passed.
5. PUBLIC COMMENT: none
6A. REVIEW OF NEW APPLICATIONS:
A. Site Plan Review for Silver Lake Station LLC, 1381 Village Road, Village District, Tax Map 118 Lot 32 (09-08)
Determination of Completeness: Public hearing was posted 715/09, all fees have been paid, and all return receipts have been received. Mr. Buckley moved, seconded by Mr. Nordlund, to accept the application as substantially complete. Motion passed.
The public hearing was opened at 7:05 P.M. Mr. Underwood, owner of the property, provided copies of correspondence with the State Health Department, which included a waiver letter for placement of a bathroom in the diner and health and construction items that would need to be completed before a food license permit could be issued. He indicated there are no changes to the plan which was reviewed at the preliminary site plan review except for stairs at both sides of the diner. It was clarified that the employees would be allowed access to the station at times other than normal business hours, and that there is room behind the diner for emergency access.
Public Comment: Mr. Smith expressed concern regarding the proximity of the diner and the proposed garage to the wetlands. He relayed comments which took place at the Zoning Board of Adjustment (ZBA) hearing on the proposed project regarding containment of leaks. It was noted that the existing driveway is in the buffer zone. Mr. Smith felt the buildings should be placed further from the wetlands. Mr. Ohlson explained that the applicant preferred the proposed placement to maintain the integrity of the esthetics of the station, and Mr. Underwood concurred. Mr. Smith questioned the lack of response to the Board’s request to provide wetlands delineation; Mrs. Huff explained that the ZBA had made that request. Mr. Ohlson commented that the Board had been satisfied by the information provided by the applicant during the preliminary site plan review. There being no further comment from the public, the hearing was closed at 7:17 P.M.
Deliberation: There was general discussion regarding a conditional approval or having the applicant return after a decision by the ZBA. Mr. Underwood indicated that he would like to start work on the diner as soon as possible to be ready for a July 4, 2010 opening. Mr. Brown stated he had visited the site and thought it looked very nice and would be an asset to the town.
Vote: Mr. Brown moved, seconded by Mr. Nordlund, to approve the application upon receipt of Zoning Board of Adjustment approvals and receipt of applicable state health and food service permits prior to operation of the diner. Mr. Smith requested clarification regarding approval of a project that was contrary to the zoning ordinance. Mr. Ohlson explained that the Planning Board can’t approve an application which does not comply with the ordinance, but can make an approval conditional upon receipt of a ZBA approval. He further explained that the Planning Board reviewed the project based on site plan regulations and the Board felt the plan was sufficient for approval. Motion passed unanimously.
6B. REVIEW OF CONTINUED APPLICATIONS: none
6C. REGULATIONS PUBLIC HEARING: none
7. NEW BUSINESS: Mr. Brown recused himself from the Board.
Spigot Hill Agreement – update: The deadline for the work for the road and septic for the development covered by the Letter of Agreement is 9/30/09. Mr. Brown stated that the work is scheduled for completion in the next two weeks. An inspection report will be provided for sign-off at the September meeting.
Mr. Brooks requested clarification of the escrow money provided by Mr. Brown for the road work. The Board was in agreement that the money was not “town money,” but was provided by the developer for use by the town to do the paving work.
Mr. Brown noted that the Fire Department will fill the cistern when the other work is finished. He resumed his seat on the Board.
8. OLD BUSINESS
Use of Inclusionary Zoning & Conditional Use Permits and Master Plan Chapters: Ms. Aibel could not attend the meeting but provided the following information: her research indicated that developing some basic inclusionary zoning was preferable to a survey of existing properties for compliance with work force housing requirements; increase density using bonus formulas for development or soil based lot sizing; maintain the standard setbacks; reinforce the buffers where there is increased density. It was noted that these methods could also apply to commercial development. Mrs. Huff and Ms. Aibel will provide a revised draft for review at the September meeting.
Mrs. Downs reported that she had done a brief analysis of town properties using town records. A property valued at $250,000 would meet the requirements for work force housing based on the Carroll County median income of $64,000 for a family of four; the property value falls to $165,000 if the median income is $45,000, the average for a Madison teacher. She acknowledged that the analysis was not complete as it did not show how many of the properties in each price range had the required number of bedrooms to be compliant with the requirements. There was also no way to require that the property remain “affordable.”
A public hearing is scheduled for September to accept comments on the current revisions to the Master Plan. The language is on the web site and available in paper form at town hall.
9. CHAIRMAN’S REPORT: Mr. Ohlson reported that the annual fall Zoning Conference will be held October 17 at Loon Mountain.
10. SELECTMEN’S REPORT: Mr. Brooks reported the following: grading and loaming of the Ward parcel is almost complete and bids are being solicited for hydro-seeding; all of the properties taken by the town for non-payment of taxes will be put to auction by the town attorney in an effort to get them back on the tax rolls; roadside mowing is on-going; town budget spending appears to be normal at the six month mark; there have been some personnel changes in the highway department; as a result of a citizen request, Asplundh & PSNH will be asked to pay a timber tax for the timber work completed along Route 113; the Board of Selectmen is reviewing the 57 street lights in town to determine the best method to reduce the cost.
11. SUBCOMMITTEE REPORTS:
CIP: The Committee reviewed projects for the Historical Society, town buildings, and Madison TV. The school will be asked to make a presentation and the Fire Department will be asked back to review their requests.
Survey: Mrs. Downs provided a report of the recent survey, representing 185 respondents or approximately 10%. It was clear that although the prior survey seemed to indicate some changes for the commercial district and work force housing, when specifics were presented, the respondents were very conservative and opposed change. Mrs. Downs was commended for her efforts with the two surveys. The Selectmen will be asked for their comments and suggestions regarding the commercial district, given the response to the survey.
12. CORRESPONDENCE:
AJ Coleman & Son, Inc.: The Planning Board and Conservation Commission have been copied with a NH Department of Environmental Services (DES) Dredge and Fill application and an Alteration of Terrain application. The information appears to be in conflict with the existing paperwork on file for the grandfathered gravel operation on property on the east side of Route 113. Mrs. Huff requested that the Board members review the paperwork and provide comments to her for response to the DES. She will also contact Mary Pinkham Langer for input on the matter.
13: ADMINISTRATION:
Mr. Buckley reported on attendance at a Green Mountain Conservation Group workshop for aquifer ordinances. He also noted that a Madison citizen is very interested in a dark skies ordinance and he and Mr. Buckley would be providing some language for review.
Mrs. Downs noted that the current aquifer map does not delineate town properties for applicants to note when filing paperwork.
14. ADJOURNMENT: There being no further business, Mr. Nordlund moved, seconded by Mr. Brown, to adjourn the meeting at 8:58 P.M. Motion passed.
The next Public Hearings & Regular Meeting is September 2, 2009 at 7:00 P.M.
Respectfully submitted,
Wendy J. Huff
PB Administrative Assistant
Minutes Approved: September 2, 2009
Corrections:
Page 2, #8, 1st paragraph: change reinforce the buffers to reinforce or increase the buffers